The media industry expects Minister Vaishnaw to clear up the doubts and review the regulations

New Delhi: The Indian media and entertainment industry expects new Information and Broadcasting Minister Ashwini Vaishnaw to review and address some pressing issues such as content piracy, excessive regulatory requirements and censorship concerns.

Legal experts and industry insiders say the government’s draft Broadcasting Services Bill (Regulation), which provides a consolidated framework for regulating broadcasting services, expands its scope to include streaming services, audio platforms as well as digital news, and establishes content review boards. This is particularly concerning because it introduces strict regulations that would potentially restrict freedom of speech. However, given that Vaishnaw also has a portfolio in electronics and IT, the industry hopes to better understand how content is managed and regulated across platforms, while also addressing issues such as deepfakes and the misuse of artificial intelligence.

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Engaging with stakeholders

“The Broadcasting Regulation Act, which seeks to regulate broadcasting services in India, may face several potential issues and challenges. To effectively address these potential issues, it will be essential to engage with stakeholders and take their concerns into account when formulating and implementing the bill,” said Ashlesha Gowariker, senior partner at Desai & Diwanji.

Implementing a uniform regulatory framework across different platforms and content types, including television, radio and OTT, may be challenging, Gowariker said, adding that broadcasters, especially smaller ones, may face difficulties in complying with complex regulatory requirements, leading to increased operational costs. Strict regulation can create barriers to entry for new players, stifling innovation and limiting competition, and potential investors may be wary of investing in a highly regulated market. Meanwhile, there may also be concerns about increased censorship and control over content, which could potentially stifle freedom of expression and creativity.

A senior broadcaster, who did not wish to remain anonymous, said the industry is waiting to see whether Vaishnaw’s experience in IT and electronics will provide a better understanding of how content is managed across platforms. “There is both fear and hope as we try to find the reasons why India’s M&E (media and entertainment) sector has not really been able to realize its potential yet,” the person added.

The issue of press freedom

At a recent meeting, members of the Press Club of India noted that wide-ranging legislation such as the proposed Broadcasting Services (Regulation) Act, 2023, the Digital Personal Data Protection Act, 2023, the Press and Registration of Periodicals Act, 2023 and The Information Technology Amendments Regulations 2023, which give the government the power to remove any online content relating to its activities that it considers to be false or misleading, are designed to silence the press. “The government will need to ensure that proposed future legislation does not impede press freedom, while respecting citizens’ right to privacy. Existing laws and future laws should not be used to block or remove lawful news content on platforms such as print, television and the Internet,” the body said in a statement.

Bringing the ministries of electronics and IT as well as information and broadcasting under Vaishnawa’s purview seems to bode well for the M&E sector, which is showing increasing signs of convergence and dependence on new technologies, Aarushi Jain, partner, said Cyril Amarchand Mangaldas. “Some clarity on the use of AI and perhaps stringent measures to protect against deepfakes in the upcoming digital regulations will be a welcome move for the M&E industry which seems to be struggling with such issues,” Jain said.

The problem with fake news

Moreover, work continues to curb fake news. Jasmine Damkewala, senior partner at Circle of Counsels, stated that the Ministry of Information and Broadcasting often notes that programs must comply with the Program Codes and Advertising Codes under the Cable Television Networks (Regulation) Act, 1995. and that these programs must not be obscene, defamatory, intentionally false or contain suggestive innuendos or half-truths. “However, the said regulation is mostly implemented ex post facto after the incident, as the news or program does not undergo inspection or censorship before broadcast, as is the case with certification for a film. As such, fake news has remained an unexplored and unfixed area so far, with many reforms missing,” Damkewala added.

Challenges of online piracy

There certainly remain many challenges related to film production and exhibitions as well. First, the Indian Copyright Act, 1956 provides general protection against copyright infringement for cinematic films. However, several problems related to online piracy persist, such as procedural delays in Indian courts, which result in continuous loss of revenue. Additionally, even after a court orders content to be removed, it sometimes remains online, causing further financial loss.

“The Central Board of Film Certification (CBFC) is responsible for certifying films for public exhibition. However, the process has been criticized for being subjective and sometimes arbitrary, leading to delays and disputes over cuts or changes requested by management. The government periodically offers incentives and tax rebates to promote film production and encourage investment in the industry. These incentives are typically offered at the state level and may include entertainment tax exemptions or other financial benefits for filmmakers. However, there is no overarching, central framework and there is no clarity on future initiatives,” explained Vikram Jeet Singh, partner at BTG Advaya.